Dimian v R [2016] NSWCCA 223

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dimian v R [2016] NSWCCA 223 Hearing dates: 24 August 2016 Date of orders: 17 October 2016 Decision date: 17 October 2016 Before: Hoeben CJ at CL at [1] Hall J at [2] Davies J at [3] Decision: (1) Grant leave to appeal; (2) Appeal allowed; (3) Quash the sentence imposed in the District Court on 17 April 2015. In lieu, sentence the appellant to an aggregate sentence of four years and six months commencing 17 February 2013 and expiring 16 August 2017 with an additional term of four years and six months expiring 16 February 2022. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – sexual assault – aggregate sentence exceeded the sum of the indicative sentences – whether indicative sentences represent non-parole period or whole sentence – re-sentence – totality principle – offender serving prior sentence – continued incarceration for more than 13 years for persistent similar offending - delay in prosecution – 'cold case' notification 20 years after offences – progress towards rehabilitation Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Humphries v R; Ponfield v R [2016] NSWCCA 86 JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 McIntosh v R [2015] NSWCCA 184 Mill v The Queen (1988) 166 CLR 59 R v MAK, R v MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159 R v Todd [1982] 2 NSWLR 517 Category: Principal judgment Parties: Michael Dimian (Applicant) Crown (Respondent) Representation: Counsel: S Buchen (Applicant) B Baker (Respondent)